Limerick man gets five years for firearms offences

A 34-year-old Limerick man was jailed for five years by the Special Criminal Court in Dublin today for firearms and ammunition offences.

Shane O'Sullivan, aged 33, of Sycamore Avenue, Rathbane, Limerick pleaded guilty to the unlawful possession of a .303 Lee Enfield rifle and 24 rounds of ammunition at Cloughnadromin, Boher, Limerick on 24 April 2003.

A co-accused, Brian Murphy, aged 35, pleaded not guilty to the same charges and his trial proceeded today.

The court heard that Shane O'Sullivan was found in possession of what was described as "a very elderly firearm" - a .303 Lee Enfield rifle - when arrested by anti-terrorist gardaí in Limerick in April 2003.

Detective James Browne, Henry Street told the court that when arrested, Mr O'Sullivan had 24 rounds of .303 ammunition in his pocket.

He said that at 7.40pm at Cloughnadromin, gardaí acting on confidential information stopped a red Fiat Punto in which Mr O'Sullivan was a front seat passenger.

Det. Browne told the court that gardaí found the rifle, wrapped in a plastic fertilizer bag in the boot.

There was sand in the folds of the plastic, in the front seat and also in Mr O'Sullivan's pocket.

The court heard that the accused has no previous convictions.

Jailing the accused for five years Mr Justice Paul Butler, presiding, accepted the rifle "was old but it was serviceable and that is a serious offence."

He suspended the final 18 months on condition that the accused enter a bond undertaking not to associate with persons convicted of a scheduled offence and to be of good behaviour.

When arraigned, Brian Murphy, aged 35, of Ardshan, Bally, Adare Co Limerick pleaded not guilty to the two counts of unlawful possession of the same .303 Lee Enfield rifle and 24 rounds of ammunition at Cloughnadromin on the same date.

Brendan Grehan SC prosecuting told the court that the accused was the owner and driver of the Fiat Punto.

In evidence, Det Sergeant Dan Haugh, Henry St garda station Limerick, told the court that on a previous occasion, February 2002, he saw the accused go into Shane O'Sullivan's house.

Det. Sergeant Haugh said on the April 24, 2003, he was among a number of armed gardaí in two unmarked patrol cars that were waiting at Boher, for the red Fiat Punto to approach.

They followed the car for some two or three miles before stopping it and searching the two occupants, Shane O'Sullivan and Brian Murphy.

Isobel Kennedy SC, defending, put it to Det. Sergeant Haugh that the accused had no knowledge of a firearm in the boot of his car or bullets in Shane O'Sullivan's pocket.

Counsel said the accused believed that "something such as drainage rods" were in the boot and that he "denies absolutely any knowledge of the items found" in the car.

In other evidence, garda ballistics expert Det. Sergeant William Brennan said he examined the rifle, manufactured in 1918 and found it in poor condition and heavily rusted on the metal parts.

It was missing the magazine but was nevertheless capable of being fired without it, the Detective Sergeant added.

The trial continues tomorrow.